Nonimmigrants - Visa Types - Students - Academic - F - Eligibility

Two types of visas are offered to permit students to study in the United States temporarily: "F" visas, which are designed for academic studies or language training; and "M" visas, which are provided for nonacademic or vocational studies. Only certain schools may be approved for academic attendance by foreign nationals, and there are strict limitations on who may attend public schools.

What Schools Are Approved For F Student Study?

F visas are available for those who wish to pursue either academic training or language training. Generally speaking, public schools operated by local, state, or federal government are eligible, as are schools that are accredited by nationally recognized accrediting agencies. If a school of higher education is not nationally accredited or is not a public institution, it must show that at least three accredited schools accept its coursework. Similarly, if a private elementary or a secondary school does not meet the general criteria, it must make three showings: (1) it meets state compulsory attendance requirements; (2) its graduates are qualified for acceptance by accredited higher education schools; and (3) it is properly accredited, if it is a private elementary or secondary school.

Examples of typically eligible schools are seminaries, conservatories, colleges, universities and academic high schools. Accredited community colleges that awards associate degrees are also eligible, as are private elementary schools.

Are There Limitations On Attendance At Public Schools?

There are three basic limitations on public school study, relating to reimbursement of the local school district, the types of programs that may be attended, and the term of study. First, a student who wishes to attend a public school must reimburse the local school district for the full, unsubsidized per capita cost of attendance. No visa is issued until the student shows that this has been done, and no school can waive this requirement. The amount varies, as it is calculated by each individual school district, but it typically ranges between $ 3,000 and $ 10,000. Second, an F student may not study in publicly funded U.S. elementary schools, middle schools, or adult education programs, even if the student is willing to reimburse the school district. Elementary and middle schools cover kindergarten through and including eighth grade. Third, an F student may only study at a public U.S. high school for 12 months.

These rules apply to F-1 students, whether they are just applying to study in the U.S., want to leave the U.S. to visit and return to continue their studies, or want to transfer from a U.S. private school to a public school. The only F-1 students to which these rules do not apply are those who were studying at public schools on November 30, 1996, when the new rules were implemented.

These rules do not apply to students attending private schools, nor do they apply to other types of students, such as M students or students on derivative visas, including F-2 visas. Therefore, the children of aliens holding other types of visas, such as exchange, diplomat, and foreign worker visas, are not affected.

The penalty for violating these rules is that the offender is ineligible to receive another visa for five years.

Copyright 2012 LexisNexis, a division of Reed Elsevier Inc.